SUPPLIER NOT SUBMITTING GST

HI

 I HAVE SOME QUESTION REGARDING INPUT GST CLAIM

I HAVE PURCHASED A MACHINERY AND CLAIMED INPUT GST  OF 9 LAKHS ON IT (AUGUST 2020) NOW AFTER FEW MONTHS I CAME TO KNOW THAT MY SUPPLIER HAS NOT SUBMITTED AND PAID GST TO GOVERNMENT (ALSO NOT REFLECTING IN MY 2A).

NOW WHERE I CAN FILE A COMPLAINT AGAINST HIM LEGALLY

PLEASE SUGGEST YOUR COMMENTS

Replies (3)
Quick Summary
If your supplier hasn't submitted GST, impacting your input tax credit claim, you can report this issue. While the government typically recovers unpaid tax from the supplier first, there are procedures for missing invoices. You can report missing invoices at an invoice level and may need to reverse your claim with interest if the supplier doesn't rectify it. Seeking legal advice or sending a notice through an advocate is also an option, especially for large amounts where a contract would have been beneficial.

There shall not be an automatic reversal of input tax credit at the recipient’s end where the invoice is uploaded but tax has not been paid by the supplier. In case of supplier failed to pay tax on the supply, recovery shall be first made from the supplier and in some exceptional circumstances like missing taxpayer, closure of business by the supplier or supplier not having adequate assets or in cases of input claimed by the recipient in an illegal way, etc.

Invoices not uploaded by the supplier

In the initial phase of six months, the recipient will have an option to avail ITC on self-declaration basis even on the invoices not uploaded by the supplier by 10th of the next month by using the facility of availing ITC on missing invoices.

The input claimed on the missing invoices by the recipient shall be filed by the seller within next two tax periods from the input claimed by the recipient. If the same is not filed by the supplier, the input claimed by the recipient shall be reversed with interest and penalty.

  • A recipient can report to the officials of missing invoices at an invoice level (that is when a supplier has not uploaded an invoice in T+2 period).
You can give a notice through advocate at the most. It is always better to have a contract for large amounts so that terms are set and can be legally enforced.

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